1. The Committee considered the second periodic report of the
Islamic Republic of Iran (CCPR/C/28/Add.15) at its 1193rd to 1196th,
1230th to 1231st, and 1251st to 1253rd meetings, held on 29 and
30 October 1992, 7 April 1993 and 22 and 23 July 1993 and adopted
at the 1260th meeting, held on 29 July 1993 the following comments:

A. Introduction

2. The Committee expresses appreciation to the State party for
its report, which largely followed the Committee's guidelines
regarding the form and contents of reports (CCPR/C/20/Rev.1) and
which contained detailed information on some laws and regulations
relating to the implementation of the provisions of the Covenant.
However, the Committee notes that the report contained little
reference to the implementation of the Covenant in practice and
provided virtually no information about factors and difficulties
impeding the application of the Covenant in the Islamic Republic
of Iran.

3. The Committee regrets that, despite the State party delegations'
efforts to respond to the numerous queries raised by members,
the responses were not complete and the concerns of the Committee
have not been adequately answered.

B. Positive aspects

4. The Committee takes satisfaction in the resumption of its
dialogue with the Islamic Republic of Iran after a period of nearly
ten years. However, difficulties in the dialogue made it necessary
for the Committee to invite the Islamic Republic of Iran to three
consecutive sessions and the Committee appreciates the readiness
of the State party to do so. It regards the request for the Committee's
assistance in the State party's endeavour to bring its domestic
law and practice more into line with the provisions of the Covenant
as a particularly important feature of the State party representative's
concluding remarks.

5. The Committee notes with interest the establishment of a Human
Rights Office within the Ministry for Foreign Affairs, the measures
under consideration in the Islamic Republic of Iran to improve
the status of women and the promise to reconsider the question
of corporal punishments. It also notes that efforts have been
undertaken to develop an awareness of human rights on the part
of senior officials of ministries and administrations, including
the promise that the comments of the Committee would be brought
to their attention. The Committee also appreciates the fact that,
at the time of the Gulf war, more than 1.5 million refugees were
sheltered by the Islamic Republic of Iran.

C. Factors and difficulties impeding the application of the
Covenant

6. In view of the lack of transparency and predictability in
the application of Iranian domestic law, the Committee has found
it somewhat difficult to determine the extent to which the latter
was compatible with the provisions of the Covenant. It also notes
that numerous, explicit or implicit, limitations or restrictions
associated with the protection of religious values, as interpreted
by Iranian authorities, have also seriously impeded the enjoyment
of some human rights protected under the Covenant.

7. Furthermore, the Committee observes that the emergency measures
adopted by the authorities during the war with a neighbouring
country, and the parallel destruction of the country's economy,
have undoubtedly had negative effects on the enjoyment of the
rights and freedoms provided for under the Covenant.

D. Principal subjects of concern

8. The Committee deplores the extremely high number of death
sentences that were pronounced and carried out in the Islamic
Republic of Iran during the period under review, many of which
resulting from trials in which the guarantees of due process of
law had not been properly applied. In the light of the provision
of article 6 of the Covenant, requiring States parties that have
not abolished the death penalty to limit it to the most serious
crimes, the Committee considers the imposition of that penalty
for crimes of an economic nature, for corruption and for adultery,
or for crimes that do not result in loss of life, as being contrary
to the Covenant. The Committee also deplores that a number of
executions have taken place in public.

9. The Committee also condemns the fact that a death sentence
has been pronounced, without trial, in respect of a foreign writer,
Mr. Salman Rushdie, for having produced a literary work and that
general appeals have been made or condoned for its execution,
even outside the territory of Iran. The fact that the sentence
was the result of a fatwa issued by a religious authority
does not exempt the State party from its obligation to ensure
to all individuals the rights provided for under the Covenant,
in particular its articles 6, 9, 14 and 19.

10. In addition, the Committee is concerned about the many cases
of extrajudicial executions, disappearances, torture and ill-treatment
of persons deprived of their liberty that have been brought to
its attention and which are described, inter alia, in the
last report of the Special Representative of the Commission on
Human Rights on the situation of human rights in the Islamic Republic
of Iran (E/CN.4/1993/41).

11. Furthermore, the Committee considers that the application
of measures of punishment of extreme severity, such as flogging,
lapidation and amputation, is not compatible with the provisions
of article 7 of the Covenant. It also has serious questions about
requiring repentance from detainees as a condition of their release
from custody.

12. The Committee also deplores the lack of respect for due process
of law, particularly before the Revolutionary courts, where trials
in camera tend to be the rule and where apparently no real
possibility is provided to the accused to prepare a defence. The
lack of an independent Bar Association also has an adverse effect
on the administration of justice, in the view of the Committee.

13. The Committee observes that the persistence and extent of
discrimination against women is incompatible with the provisions
of article 3 of the Covenant and refers, in particular, to the
punishment and harassment of women who do not conform with a strict
dress code; the need for women to obtain their husband's permission
to leave home; their exclusion from the magistracy; discriminatory
treatment in respect of the payment of compensation to the families
of murder victims, depending on the victim's gender and in respect
of the inheritance rights of women; prohibition against the practice
of sports in public; and segregation from men in public transportation.

14. The Committee considers that legal provisions allowing for
the possibility of banishing individuals, preventing them from
residing in the place of their choice, or compelling them to reside
in a given locality, are not compatible with article 12 of the
Covenant.

15. Furthermore, the Committee is concerned at the extent of
limitations to the freedom of expression, assembly and association,
exemplified by articles 6 and 24 of the Constitution and article
16 of the Law Pertaining to Activities of Parties, Societies and
Political and Professional Associations, noting in this connection
that, contrary to the provisions of articles 18 and 19 of the
Covenant, members of certain political parties who did not agree
with what the authorities believe to be Islamic thinking or who
expressed opinions in opposition to official positions have been
discriminated against. Self-censorship also seems to be widespread
in the media and severe limitations appear to have been placed
upon the exercise of freedom of assembly and of association.

16. Finally, the Committee wishes to express its concern at the
extent of the limitations and restrictions on the freedom of religion
and belief, noting that conversion from Islam is punishable and
that even followers of the three recognized religions are facing
serious difficulties in the enjoyment of their rights under article
18 of the Covenant. The Committee is particularly disturbed about
the extent of discrimination against followers of non-recognized
religions, notably the Baha'is, whose rights under the Covenant
are subject to extremely severe restrictions. In the foregoing
connection, the Committee received no satisfactory answer regarding
the destruction of places of worship or cemeteries and the systematic
persecution, harassment and discrimination of the Baha'is, which
is in clear contradiction with the provisions of the Covenant.

E. Suggestions and recommendations

17. The Committee recommends that the comments it had made in
connection with the consideration of the second periodic report
of the Islamic Republic of Iran should be studied by the authorities
with a view to adopting necessary legal and practical measures
to ensure the effective implementation of all the provisions of
the Covenant. The Committee wishes, in particular, to emphasize
the following suggestions and recommendations:

18. The Committee recommends that domestic laws should be revised
with a view to curtailing the number of offences currently punishable
by the death penalty and to reducing the number of executions.
Public executions should be avoided and the accused should, in
all cases, be provided with all necessary guarantees, including
the right to a fair trial as provided for under article 14 of
the Covenant.

19. Effective measures should be adopted to ensure the strictest
observance of articles 7 and 10 of the Covenant. All complaints
of extrajudicial executions, disappearances, torture and ill-treatment
should be duly investigated, the culprits should be punished and
measures should be taken to prevent any recurrence of such acts.
Severe forms of punishment incompatible with the Covenant should
be removed from law and practice and the conditions of detention
of persons deprived of their liberty should be improved. The Committee
also recommends that training courses should be organized for
members of the police, the armed forces and the security forces
as well as for other law enforcement officials, so as to better
acquaint them with basic human rights principles and norms.

20. The Committee recommends that Iranian legislation and practice
be brought into line with the provisions of articles 9 and 14
of the Covenant, which provide that all persons should have the
right to a fair trial, including the assistance of counsel, the
right to be brought promptly before a judge and the right to be
tried in public. Urgent consideration should also be given to
the abolition of the Revolutionary courts.

21. The Committee recommends that active measures should be taken
to enhance the status of women in the Islamic Republic of Iran
in accordance with articles 2, 3 and 23 of the Covenant and to
guarantee their equal enjoyment of rights and freedoms.

22. The Committee recommends that its recently adopted General
comment No.22 (48) be studied by the authorities to bring its
legislation and practice into line with the requirements of article
18 of the Covenant. In that regard, the Committee wishes to emphasize
that recognition of a religion as a State religion should not
result in any impairment of the enjoyment of any of the rights
under the Covenant, including articles 18 and 27, nor in any discrimination
against adherents of other religions or non-believers, since the
right to freedom of religion and belief and the prohibition of
discrimination do not depend on the recognition as an official
religion or belief. Measures restricting eligibility for government
service to members of the predominant religion, or giving economic
privileges to such persons, or imposing special restrictions on
the practice of other faiths, are incompatible with the prohibition
of discrimination based on religion or belief and the guarantee
of equal protection under article 26.

23. The Committee also wishes to invite the Government of the
Islamic Republic of Iran to undertake necessary steps to ensure
that the rights enunciated in articles 17, 19, 21, 22 and 25 can
be exercised without any limitations or restrictions other than
those provided for in the Covenant.